New Swimming Pool Rules On 29th April 2015, the amendments to the Swimming Pools Act 1992 come into effect. These establish the following: There is an online register of pools; Periodic inspections of pools by council inspectors; Requirements for Contract for sale and leases. Critically for owners wanting to sell their property with a swimming…
Building defects in new Strata Building It seems we all know someone who has had a problem with a strata unit. A recent High Court decision has not made it any better. Brookfield Multiplex –v- Owners Corporation Strata Plan 61288 was the case and the critical points arising from that case are: The rights of…
PENTHOUSE PETS AND CHILDREN Keeping pets in a strata unit in NSW is a controversial area. To codify the law the Government brought in regulations to cover the situation which covers both the owner and someone renting from them. A developer has to nominate the options A B or C that the strata plan shall…
Leases disclaimed by liquidators You might well think that if you had a lease from a lessor that your position as a tenant was secure and attached to the land rather than it be determined on the financial state of your landlord. Not so. As demonstrated in the Willmott Forestry case. A lease is a…
Estates and legal interaction with superannuation funds. James McIntosh had no will when he was killed aged 41. He had no wife or children. He lived with his mother at the time of his death and had for some time. He had money in superannuation funds and had made a non-binding nomination leaving it all…
Many people take the view that “I made the money and I should be able to give it to whoever I want in my will”. Some people even regard this as a natural right. However, since the 1800’s governments have sought to make provisions for needy people who have been left out of wills or…
An administrator has to be appointed by the court. The role of the administrator is the same as executor and the only difference is that the administrator is obviously not the choice of the testator/will-maker. The decision of who can be the administrator depends on a number of matters but what usually happens is that…
Most estate litigation involves family members in one way or another. Leaving a clear and unambiguous will significantly reduce the opportunity for potential beneficiaries of an estate to contest your instructions as to the disposal of your assets upon your death. The only outcome for a will that is unclear, incomplete, or badly constructed is…
